Backup Documents 06/24/2014 Item #16C4 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP j.
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 (,F
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. Emily Perin, ACA 3-1.63•3 ,Q, County Attorney .OL2=. 61 Z3 I
County Attorney Office G
2. BCC Office Board of County "T}k b
Commissioners /,AI (e1`1.
3. Minutes and Records Clerk of Court's Office
R \ 61A1I4 Ro,,
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additio al or missing information.
Name of Primary Staff Toni A.Mott Phone Number 239-2521780
Contact/ Department
Agenda Date Item was June 24,2014 Agenda Item Number 16C4 i
Approved by the BCC
Type of Document Purchase and Sale Agreement Number of Original 1
Attached Documents Attached
PO number or account N/A
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? TAM ‘/
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A LI.
provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be TAM
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A 1/
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A ✓
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's TAM ✓
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A I/—
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on May 27,2014,and all changes made TAM
during the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the Q�
BCC on June 24,2014,all changes directed by the BCC have been made,and the d
document is ready for the Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
1604
MEMORANDUM
Date: June 25, 2014
To: Toni Mott, Property Acquisition Manager
Facilities Management
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Purchase and Sale Agreement
Folio #62427800009 & #62427840001
Project: Basin 101 Wastewater System Rehabilitation
-Vanderbilt Beach/Naples Park
Attached is a copy of the agreement referenced above (Item #16C4),
approved by the Board of County Commissioners Tuesday, June 24, 2014.
The original agreement is being kept by the Minutes and Records
Department as a part of the Board's Official Records.
If you should have any questions, please contact me at 252-8411.
Thank you.
Memorandum
16C4
TO: Minutes & Records
FROM: .■ ••ni A. Mott, Real Property Management
DATE: June 19, 2014
RE: Basin 101 — Designers' Collectibles, LLC — Purchase and Sale Agreement
This item was approved at today's June 24, 2014 BCC meeting: Item 16C4
Please attest to Commissioner Henning's signature as Chairman on the Purchase and Sale
Agreement. The original fully executed Agreement will remain in your files and Real Property
Management would appreciate a scanned copy of the Agreement as soon as its attestation is
complete to allow processing of the pay packet with Finance to meet the closing date.
Please contact me if you have any questions or comments at Extension 8780.
Thank you!
Project: Basin 101 Wastewater System Rehabilitation Vanderbilt Beach/Naples Park
16C4
Folios:62427800009&62427840001
PURCHASE AND SALE AGREEMENT
THIS AGREEMENT is made and entered into by and between DESIGNERS'
COLLECTIBLES, LLC, a Florida limited liability company, whose mailing address is 1136
Dormie Drive, Naples, Florida 34108 (hereinafter referred to as "Seller"), and the BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING
BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE
COLLIER COUNTY WATER-SEWER DISTRICT,whose mailing address is 3335 Tamiami Trail
East,Suite 101, Naples,Florida 34112(hereinafter referred to as"Purchaser").
WITNESSETH
WHEREAS, Seller is the owner of that certain real property (hereinafter referred to as
"Property"), located in Collier County, State of Florida, and being more particularly described as
follows:
Lots 48,49 and 50, Block 15, NAPLES PARK SUBDIVISION, Unit No. 1,according to the plat
thereof, recorded in Plat Book 1, Page 106,of the Public Records of Collier County, Florida.
WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and
other agreements hereinafter set forth, and Seller is agreeable to such sale and to such
conditions and agreements.
NOW, THEREFORE, for and in consideration of the premises and the respective undertakings
of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and
sufficiency of which is hereby acknowledged, it is agreed as follows:
I. AGREEMENT
1.01 In consideration of the purchase price and upon the terms and conditions hereinafter
set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the
Property.
II. PAYMENT OF PURCHASE PRICE
2.01 The purchase price (the "Purchase Price") for the Property shall be Three Hundred
Six Thousand and no/100 Dollars($306,000.00) U.S. Currency payable at time of closing.
This Agreement is subject to fund availability and future appropriation by the Board of
County Commissioners.
III. CLOSING
3.01 The Closing (THE"CLOSING DATE", "DATE OF CLOSING", OR"CLOSING")of the
transaction shall be held on or before sixty(60)days following execution of this Agreement
by the Purchaser, unless extended by mutual written agreement of the parties hereto. The
Closing shall be held at the Collier County Attorney's Office,Administration Building, 3299
Tamiami Trail East, Suite 800, Naples, Florida 34112 or at such other location as
Purchaser may designate. The procedure to be followed by the parties in connection with
the Closing shall be as follows:
3.011 Seller shall convey a marketable title free of any liens. Marketable title shall be
determined according to applicable title standards adopted by the Florida Bar and in
accordance with law. At the Closing, the Seller shall cause to be delivered to the
Purchaser the items specified herein and the following documents and instruments
duly executed and acknowledged,in recordable form:
3.0111 Warranty Deed in favor of Purchaser conveying title to the
Property,free and clear of all liens and encumbrances other than:
(a)The lien for current taxes and assessments.
(b)Such other easements, restrictions or conditions of record.
3.0112 Combined Purchaser-Seller closing statement.
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3.0113 A "Grantor's Non-Foreign, Tax Payer Identification & "GAP" Affidavit as 16 C /.
required by Section 1445 of the Internal Revenue Code and as required by the title
insurance underwriter in order to insure the"gap"and issue the policy contemplated by
the title insurance commitment.
3.0114 A W-9 Form, "Request for Taxpayer Identification and Certification"as required
by the Internal Revenue Service.
3.0115 If applicable, a Public Disclosure Affidavit in Accordance with Section 13.09
herein below.
3.012 At the Closing,the Purchaser, or its assignee, shall cause to be delivered to the
Seller the following:
3.0121 A wire transfer or County Warrant in an amount equal to the Purchase Price.
No funds shall be disbursed to Seller until the Title Company verifies that the state of
the title to the Property has not changed adversely since the date of the last
endorsement to the commitment, referenced in Section 4.011 thereto, and the Title
Company is irrevocably committed to pay the Purchase Price to Seller and to issue
the Owner's title policy to Purchaser in accordance with the commitment immediately
after the recording of the deed.
3.0122 Funds payable to the Seller representing the cash payment due at Closing in
accordance with Article III hereof, shall be subject to adjustment for prorations as
hereinafter set forth.
3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its
sole cost and expense, shall pay at Closing all documentary stamp taxes due upon the
recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and
the cost of recording any instruments necessary to clear Seller's title to the Property. The
cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for
in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitment shall
also be paid by Purchaser.
3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Ad valorem and
Non-Ad valorem taxes shall be prorated on a 365-day calendar or fiscal year as
applicable, based on the current year's tax. If Closing occurs at a date upon which the
current year's tax rates are not fixed, taxes will be prorated based upon such prior year's
tax rates.
IV. REQUIREMENTS AND CONDITIONS
4.01 Upon execution of this Agreement by both parties or at such other time as specified
within this Article, Purchaser and/or Seller,as the case may be,shall perform the following
within the times stated,which shall be conditions precedent to the Closing:
4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as
evidence of title an ALTA Commitment for an Owner's Title Insurance Policy covering
the Property, together with hard copies of all exceptions shown thereon. Purchaser
shall have thirty (30) days, following receipt of the title insurance commitment, to
notify Seller in writing of any objection to title other than liens evidencing monetary
obligations, if any, which obligations shall be paid at Closing. If the title commitment
contains exceptions that make the title unmarketable, Purchaser shall deliver to the
Seller written notice of its intention to waive the applicable contingencies or to
terminate this Agreement.
4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in
Seller's title in the manner herein required by this Agreement, the title shall be
deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall
have thirty (30) days to remedy any defects in order to convey good and marketable
title. Seller, at its sole expense, shall use reasonable efforts to make such title good
and marketable, but Seller shall not be required to initiate any litigation to cure any
defects except for liens or monetary obligations which will be satisfied at Closing. In
the event Seller is unable to cure said objections within said time period, Purchaser,
by providing written notice to Seller within seven (7)days after expiration of said thirty
(30)day period, may accept title as it then is,waiving any objection;or Purchaser may
terminate the Agreement. A failure by Purchaser to give such written notice of
termination within the time period provided herein shall be deemed an election by
Purchaser to accept the exceptions to title as shown in the title commitment.
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4.013 Seller agrees to furnish any existing surveys of the Property in Seller's 1 6 C 4
possession to Purchaser within 10(ten)days of the effective date of this Agreement.
Purchaser shall have the option, at its own expense, to obtain a current survey of the
Property prepared by a surveyor licensed by the State of Florida. No adjustments to
the Purchase Price shall be made based upon any change to the total acreage
referenced in Exhibit "A". If the survey provided by Seller or obtained by Purchaser,
as certified by a registered Florida surveyor, shows: (a) an encroachment onto the
property; or (b) that an improvement located on the Property projects onto lands of
others, or(c) lack of legal access to a public roadway, the Purchaser shall notify the
Seller in writing of such encroachment, projection, or lack of legal access, and Seller
shall have the option of curing said encroachment or projection, or obtaining legal
access to the Property from a public roadway,within thirty (30)days of receipt of said
written notice from Purchaser. Purchaser shall have thirty(30)days from the effective
date of this Agreement to notify Seller of any such objections. Should Seller elect not
to or be unable to remove the encroachment, projection,or provide legal access to the
property within said thirty (30) day period, Purchaser, by providing written notice to
Seller within seven(7)days after expiration of said thirty(30)day period, may accept
the Property as it then is,waiving any objection to the encroachment, or projection,or
lack of legal access, or Purchaser may terminate the Agreement. A failure by
Purchaser to give such written notice of termination within the time period provided
herein shall be deemed an election by Purchaser to accept the Property with the
encroachment,or projection,or lack of legal access.
V. INSPECTION PERIOD
5.01 Purchaser shall have sixty (60) days from the date of this Agreement, ("Inspection
Period"),to determine through appropriate investigation that:
1. Soil tests and engineering studies indicate that the Property can be developed without
any abnormal demucking, soil stabilization or foundations.
2. There are no abnormal drainage or environmental requirements to the development of
the Property.
3. The Property is in compliance with all applicable State and Federal environmental laws
and the Property is free from any pollution or contamination.
4. Structures and facilities located on the property are sound and in good and safe
operating condition.
5. The Property can be utilized for its intended purpose.
5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any
investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection
Period, written notice of its intention to terminate this Agreement. If Purchaser fails to
notify the Seller in writing of its specific objections as provided herein within the Inspection
Period, it shall be deemed that the Purchaser is satisfied with the results of its
investigations and the contingencies of this Article V shall be deemed waived. In the event
Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser
shall deliver to Seller copies of all engineering reports, structural inspections and
environmental and soil testing results commissioned by Purchaser with respect to the
Property.
5.03 Purchaser and its agents, employees and servants shall, at their own risk and
expense, have the right to go upon the Property for the purpose of surveying and
conducting site analyses, soil borings and all other necessary investigation. Purchaser
shall, in,performing such tests and investigations, use due care not to damage property.
Seller shall be notified by Purchaser no less than twenty-four (24) hours prior to any
inspection of the Property.
5.04 Subject to the limitations set forth in Chapter 768, Florida Statutes, Purchaser shall
indemnify Seller from and against any loss, claim or damage incurred by or asserted
against Seller and arising out of the inspection of the Property by Purchaser or
Purchaser's agents during the 60 day investigation period, paragraph 5.01. Purchaser
shall provide Seller with copies of Purchaser's inspection reports.The foregoing indemnity
shall survive closing. This provision is not to be deemed a waiver of the immunity and
protections to bona fide purchasers and local governments in the Comprehensive
Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. §9604, et
seq. ("CERCLA"), which was amended and upgraded by the Superfund Amendment and
Reauthorization Act of 1986("SARA"), including any amendments or successor in function
to these acts.
VI. POSSESSION
6.01 Purchaser shall be entitled to full possession of the Property at Closing.
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16C4
VII. TERMINATION AND REMEDIES
7.01 If Seller shall have failed to perform any of the covenants and/or agreements
contained herein which are to be performed by Seller, within ten (10) days of written
notification of such failure, Purchaser may, at its option, terminate this Agreement by
giving written notice of termination to Seller. Purchaser shall have the right to seek and
enforce all rights and remedies available at law or in equity to a contract vendee, including
the right to seek specific performance of this Agreement.
7.02 If Purchaser has not terminated this Agreement pursuant to any of the provisions
authorizing such termination, and Purchaser fails to close the transaction contemplated
hereby or otherwise fails to perform any of the terms, covenants and conditions of this
Agreement as required on the part of Purchaser to be performed, provided Seller is not in
default, then as Seller's sole remedy, Seller shall have the right to terminate and cancel
this Agreement by giving written notice thereof to Purchaser, and neither party shall have
any further liability or obligation to the other except as set forth in paragraph 10.01 (Real
Estate Brokers)hereof.
7.03 The parties acknowledge that the remedies described herein and in the other
provisions of this Agreement provide mutually satisfactory and sufficient remedies to each
of the parties, and take into account the peculiar risks and expenses of each of the
parties.
VIII. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES
8.01 Seller and Purchaser represent and warrant the following:
8.011 Seller and Purchaser have full right and authority to enter into and to execute
this Agreement and to undertake all actions and to perform all tasks required of each
hereunder. Seller is not presently the subject of a pending, threatened or
contemplated bankruptcy proceeding.
8.012 Seller has full right, power, and authority to own and operate the Property, and
to execute, deliver, and perform its obligations under this Agreement and the
instruments executed in connection herewith, and to consummate the transaction
contemplated hereby. All necessary authorizations and approvals have been
obtained authorizing Seller and Purchaser to execute and consummate the
transaction contemplated hereby. At Closing, certified copies of such approvals shall
be delivered to Purchaser and/or Seller, if necessary.
8.013 The warranties set forth in this paragraph shall be true on the date of this
Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the
said Property shall not be deemed to be full performance and discharge of every
agreement and obligation on the part of the Seller to be performed pursuant to the
provisions of this Agreement.
8.014 Seller represents that it has no knowledge of any actions, suits, claims,
proceedings, litigation or investigations pending or threatened against Seller, at law,
equity or in arbitration before or by any federal, state, municipal or other governmental
instrumentality that relate to this agreement or any other property that could, if
continued, adversely affect Seller's ability to sell the Property to Purchaser according
to the terms of this Agreement.
8.015 No party or person other than Purchaser has any right or option to acquire the
Property or any portion thereof.
8.016 Until the date fixed for Closing, so long as this Agreement remains in force and
effect, Seller shall not encumber or convey any portion of the Property or any rights
therein, nor enter into any agreements granting any person or entity any rights with
respect to the Property or any part thereof, without first obtaining the written consent
of Purchaser to such conveyance,encumbrance, or agreement which consent may be
withheld by Purchaser for any reason whatsoever.
8.017 To the best of Seller's knowledge, Seller represents that there are no
incinerators, septic tanks or cesspools on the Property;all waste, if any, is discharged
into a public sanitary sewer system; Seller represents that Seller has no knowledge
that any pollutants are or have been discharged from the Property, directly or
indirectly into any body of water. Seller represents the Property has not been used for
the production, handling, storage, transportation, manufacture or disposal of
hazardous or toxic substances or wastes, as such terms are defined in applicable
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laws and regulations, or any other activity that would have toxic results, and no such 1 6 C 4
hazardous or toxic substances are currently used in connection with the operation of
the Property, and there is no proceeding or inquiry by any authority with respect
thereto. Seller represents that Seller has no knowledge that there is ground water
contamination on the Property or potential of ground water contamination from
neighboring properties. Seller represents that no storage tanks for gasoline or any
other substances are or were located on the Property at any time during or prior to
Seller's ownership thereof. Seller represents no part of the Property has been used as
a sanitary landfill.
8.018 Seller has no knowledge that the Property and Seller's operations concerning
the Property are in violation of any applicable Federal, State or local statute, law or
regulation, or of any notice from any governmental body has been served upon Seller
claiming any violation of any law, ordinance, code or regulation or requiring or calling
attention to the need for any work, repairs, construction, alterations or installation on
or in connection with the Property in order to comply with any laws, ordinances, codes
or regulation with which Seller has not complied.
8.019 There are no unrecorded restrictions, easements or rights of way (other than
existing zoning regulations)that restrict or affect the use of the Property,and there are
no maintenance, construction, advertising, management, leasing, employment,
service or other contracts affecting the Property.
8.020 Seller has no knowledge that there are any suits, actions or arbitration, bond
issuances or proposals thereof, proposals for public improvement assessments,
pay-back agreements, paving agreements, road expansion or improvement
agreements, utility moratoriums, use moratoriums, improvement moratoriums,
administrative or other proceedings or governmental investigations or requirements,
formal or informal, existing or pending or threatened which affect the Property or
which adversely affect Seller's ability to perform hereunder; nor is there any other
charge or expense upon or related to the Property which has not been disclosed to
Purchaser in writing prior to the effective date of this Agreement.
8.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement
based upon Seller's representations stated above and on the understanding that
Seller will not cause the zoning or physical condition of the Property to change from its
existing state on the effective date of this Agreement up to and including the Date of
Closing. Therefore, Seller agrees not to enter into any contracts or agreements
pertaining to or affecting the Property and not to do any act or omit to perform any act
which would change the zoning or physical condition of the Property or the
governmental ordinances or laws governing same. Seller also agrees to notify
Purchaser promptly of any change in the facts contained in the foregoing
representations and of any notice or proposed change in the zoning, or any other
action or notice, that may be proposed or promulgated by any third parties or any
governmental authorities having jurisdiction of the development of the property which
may restrict or change any other condition of the Property.
8.022 At the Closing, Seller shall deliver to Purchaser a statement(hereinafter called
the"Closing Representative Statement") reasserting the foregoing representations as
of the Date of Closing,which provisions shall survive the Closing.
8.023 Any loss and/or damage to the Property between the date of this Agreement
and the date of Closing shall be Seller's sole risk and expense.
8.024 Neither party shall occupy or cause or permit others to occupy the Property
prior to closing and funding, and will not occupy or cause or permit others to occupy
the Property until after the closing.
IX. NOTICES
9.01 Any notice, request, demand, instruction or other communication to be given to
either party hereunder shall be in writing,sent by facsimile with automated confirmation of
transmission, or by registered, or certified mail, return receipt requested, postage prepaid,
addressed as follows:
If to Purchaser: Collier County Real Property Management
3335 Tamiami Trail East,Suite 101
Naples,Florida 34112
(239)252-8991 Phone
(239)252-8878 Fax
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With a copy to: Office of the County Attorney
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3299 Tamiami Trail East,Suite 800
Naples,Florida 34112
(239)252-8400 Phone
(239)774-0225 Fax
If to Seller: Designers'Collectibles,LLC
1136 Dormie Drive
Naples,Florida 34108
With a copy to: Mathew L.Grabinski,Esq.
Coleman,Yovanovich,&Koester,P.A.
4001 Tamiami Trail N.,Suite 300
Naples,Florida 34103
(239)435-3535 Phone
(239)435-1218 Fax
Notice will be deemed received upon completion of facsimile transmission with automated
confirmation,or after five(5)days of postmarking of Registered or Certified mail.
9.02 The addressees and numbers for the purpose of this Article may be changed by
either party by giving written notice of such change to the other party in the manner
provided herein. For the purpose of changing such addresses or addressees only, unless
and until such written notice is received,the last addressee and respective address stated
herein shall be deemed to continue in effect for all purposes.
X. REAL ESTATE BROKERS
10.01 Any and all brokerage commissions or fees shall be the sole responsibility of the
Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against
any claim or liability for commission or fees to any broker or any other person or party
claiming to have been engaged by Seller as a real estate broker, salesman or
representative,in connection with this Agreement.
XI. MISCELLANEOUS
11.01 This Agreement may be executed in any manner of counterparts which together
shall constitute the agreement of the parties.This Agreement shall not be recorded.
11.02 This Agreement and the terms and provisions hereof shall be effective as of the
date this Agreement is executed by both parties and shall inure to the benefit of and be
binding upon the parties hereto and their respective heirs, executors, personal
representatives, successors, successor trustees, and assignees whenever the context so
requires or admits.
11.03 Any amendment to this Agreement shall not bind any of the parties hereof unless
such amendment is in writing and executed and dated by Purchaser and Seller. Any
amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it
has been executed by both parties.
11.04 Captions and section headings contained in this Agreement are for convenience
and reference only; in no way do they define,describe,extend or limit the scope or intent
of this Agreement or any provisions hereof.
11.05 All terms and words used in this Agreement, regardless of the number and gender
in which used, shall be deemed to include any other gender or number as the context or
the use thereof may require.
11.06 No waiver of any provision of this Agreement shall be effective unless it is in writing
signed by the party against whom it is asserted, and any waiver of any provision of this
Agreement shall be applicable only to the specific instance to which it is related and shall
not be deemed to be a continuing or future waiver as to such provision or a waiver as to
any other provision.
11.07 If any date specified in this Agreement falls on a Saturday,Sunday or legal holiday,
then the date to which such reference is made shall be extended to the next succeeding
business day.
11.08 Seller is aware of and understands that the"offer"to purchase represented by this
Agreement is subject to acceptance and approval by the Board of County Commissioners
of Collier County, Florida.
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form of a partnership, limited partnership, 1 6 C 4
11.09 If the Seller holds the Property in the p p, p p,
corporation, trust or any form of representative capacity whatsoever for others, Seller
shall make a written public disclosure, according to Chapter 286, Florida Statutes, Under
oath, of the name and address of every person having a beneficial interest in the Property
before Property held in such capacity is conveyed to Collier County. If the corporation is
registered with the Federal Securities Exchange Commission or registered pursuant to
Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is exempt
from the provisions of Chapter 286, Florida Statutes.
11.10 This Agreement is governed and construed in accordance with the laws of the State
of Florida.
XII. ENTIRE AGREEMENT
12.01 This Agreement and the exhibits attached hereto contain the entire agreement
between the parties,and no promise,representation,warranty or covenant not included in
this Agreement or any such referenced agreements has been or is being relied upon by
either party. No modification or amendment of this Agreement shall be of any force or
effect unless made in writing and executed and dated by both Purchaser and Seller.
Time is of the essence of this Agreement.
IN WITNESS WHEREOF,the parties hereto have signed below.
Dated Acquisition A roved by
BCC:d'o1L-f y-,
AS TO PURCHASER:
DATED:._,)uiifit (-( ..
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E.BROCK,Clerk OF COLLIER COUNTY,FLORIDA,AS
THE GOVERNING BODY OF,COLLIER
COUNTY AND AS EX-OFFICIO.THE
GOVERNING BOARD OF THE COLLIER ..1
COUNTY W.TER-S ER DISTRICT'
1 .�� • �, ��
Attest as to Chairrow
ty Clerk Tom Henning,Chair
cinnatilre only.
AS T• SELLER:,
117-4/44.4 / Designers'Collectibles, LLC,a Florida
Wit ess (laic) t3rabinski limited r.1. y company
Name:
)0V• ty•e By: �.■ . it.
Eve n Wal ron, ana• r
pit �
„�. ..
es ature
Name:
(Prir9V1Ma
Approved as to fora and legality
.u..�.� I'.•
Aai ' ' County Attorney
7
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16C4 4
Project: Basin 101 Wastewater System Rehabilitation Vanderbilt Beach/Naples Park
FOLIOS: 62427080008&82427840001
WARRANTY
THIS WARRANTY DEED is made thisi y of..i . ; 2014, by
DESIGNERS' COLLECTIBLES, LLC, a Florida limited liability company, who4. st office address is
1136 Donnie Drive, Naples, Florida 34108 (hereinafter referred to as 'Grantor"), to the BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF
COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY
WATER-SEWER DISTRICT. whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples,
Florida 34112,(hereinafter referred to as"Grantee")
(Wherever used herein the terms"Grantor"and"Grantee"include all the parties to this instrument
and their respective heirs, legal representatives,successors and assigns.)
WITNESSETH: That the emntor, for and in consideration of the sum of Ten Dollars($10 00)and
other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells,
aliens, remises, releases, conveys and confirms vommao�meo. aomatrcnom land situate |n'oome�
County,Florida,to wit:
Lots 48,49 and 50, Block 15, NAPLES PARK SUBDIVISION, Unit 1,according to the plat thereof,
recorded in Plat Book 1, Page 106 of the Public records of Collier County,Florida.
Subject to easements,restrictions,and reservations of record and property taxes for 2014 and
subsequent years
This is NOT Homestead property
TOGETHER with all the tonements, hereditaments and appurtenances thereto belonging or in
anywise appertaining
TO HAVE AND TO HOLD the same in fee simple forever,
AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said
land in fee simple;that the Grantor has good right and lawful authority to sell and convey said land;that
moomnm,xe�uymovwmnan�mom|rm,am�nu and wmu�enumesame egainmme|ow�|v'aimu
o/unpenmns whomsoever;and motoemland ivoeeo/m|oncumu�nmacmmptaanmaua�wo '
first xvvmTmsSnvvHsRsDp.me said a�nm,has signed and sealed mssepmscnmmoday and year September 25 2017 Ser/-•-•--,-- --11,1 '/// - f
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., _, ,,,,,,..— Designers'Collectibles, L.LC,a Florida
mi
Witness(Signature)
Thrs CONVEYANCE ACCEPTED 1-1.----
(Print or type)
10Aftb or COUNTY Cam IONENS7
STATE OF ,Ony-irILA *
,re., The foregoing Warranty Deed was acknowledged before me this,,,:..2 day of
_i_f_k„,1„,,,4, :a.____. ___,2014 by Evelyn Waldron,Manager,on behalf of Designers'Collectibles, LLC,a
Floridatlirnited lialbili y ornpany,who is personally known_tp me or who has produced
. .......,,,, /.:i., „ Ze. .,,i
nat ,e,o'iotary Public)
Cheryl Hfitarbelso
(Print Name of Notary Public)
ial/Commission'=°� nawCumm|o'vn#(nany)
'Public~~~aitti` My Commission Expires:___.____
Approved as to form and legality
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